Muehlhof v. Boltz
Supreme Court of Pennsylvania
Appeal, No. 70, Jan. T., 1605, by plaintiff, from decree of C. P. Schuylkill Co., Maj*- T., 1904, No. 4, dismissing bill in equity in case of Gustav A. Muehlhof and Charles Franklin Muehlhof, trading as Muehlhof Brothers, v. William K. Boltz. Bill in equity to rescind a contract.
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Appeal, No. 70, Jan. T., 1605, by plaintiff, from decree of C. P. Schuylkill Co., Maj*- T., 1904, No. 4, dismissing bill in equity in case of Gustav A. Muehlhof and Charles Franklin Muehlhof, trading as Muehlhof Brothers, v. William K. Boltz. Bill in equity to rescind a contract. Before Shay, J. The court found that the evidence did not sustain the charge of fraud and misrepresentation, but that the defendant failed to disclose to complainants prices at which he was furnishing yarn until April, 1904. The court dismissed the bill, but imposed the costs upon the defendant. Error assigned was…
1Opinion of the Court
Opinion by
Mr. Chief J üstice Mitchell,
Appellants purchased from defendant the leasehold of a mill and the stock on hand, contracts for yarn, etc., in short, the *126plant as a going business. This is a bill to rescind the sale on the ground of fraud in its procurement. The learned judge below considered a large mass of evidence with manifest care and patience and there has been nothing brought forward here to require an extended discussion of the details.
The facts may be summarized briefly. After several months of negotiation appellants made the purchase in March, 1903, took immediate possession…
2Cases cited5 opinions
- Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
- Howard v. TurnerSupreme Court of Pennsylvania · 1893
- Bower v. FennSupreme Court of Pennsylvania · 1879
- Fowler v. Meadow Brook Water Co.Supreme Court of Pennsylvania · 1904
- Gray v. Citizens' Gas Co.Supreme Court of Pennsylvania · 1905
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